Blackburn v. Rodriguez

OPINION OF THE COURT

Peter P. Rosato, J.

By way of writ of habeas corpus, petitioner seeks to annul a finding of probable cause made following a preliminary hearing held on January 17, 1989 and to vacate the underlying warrant. Probable cause was found at that time solely based on petitioner’s admission that he had failed to report to his reporting station.

As reflected in respondent’s opposing affidavit, it is uncon*1038troverted that a parole warrant was executed herein on January 4, 1989 and that petitioner was not afforded timely written notice of his January 17, 1989 preliminary hearing.…